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How long after a person declares they are a refugee at a POE in Ontario can they come into Canada
Executive summary
If you tell a Canada Border Services Agency (CBSA) officer at a Port of Entry (POE) in Ontario that you want to claim refugee protection, officials will process your claim right away: CBSA or Immigration, Refugees and Citizenship Canada (IRCC) staff determine eligibility and will refer eligible claims to the Immigration and Refugee Board (IRB) [1] [2]. Exactly how soon you “come into Canada” or receive formal documents and access to services varies: the Refugee Protection Claim Document (RPCD) or an Acknowledgement of Claim (AOC) is issued as soon as the claim is made at a POE (or within five days if an RPCD cannot be issued same day) [1].
1. What “declaring” at a POE actually triggers — immediate front‑end processing
When you tell a border officer you are making a refugee (asylum) claim at an airport, seaport or land border, the CBSA or IRCC officer conducts an eligibility process on the spot; if eligible, the claim is referred to the Immigration and Refugee Board (IRB) and the claimant is issued identification/status paperwork — the RPCD or an AOC — to document the claim [1] [2]. Step‑by‑step paperwork (Schedule 12, etc.) and an eligibility interview follow; in some cases, parts of that work are completed the same day at the POE [3] [1].
2. How soon you physically “enter” Canada and get official documents
Available sources say POE claimants are not turned away for simply stating a claim: the AOC is issued “as soon as a claim is made at a POE” (or within five days if an RPCD cannot be issued same day), which is intended to let claimants immediately access social services and prove their status [1]. That means formal paperwork and recognition of the claim can be immediate at the POE; precise timelines for issuing the primary claimant document (RPCD) depend on operational factors at that entry point [1] [3].
3. What “coming into Canada” can mean in practice — three different interpretations
Journalistic clarity requires separating three common meanings: (A) recognition that you have a claim and issuance of claimant documents (RPCD/AOC) — which can be immediate at a POE [1]; (B) physical admission to Canada without detention or removal proceedings — CBSA/IRCC handle eligibility and ineligible claimants may be detained or subject to removal, but sources emphasize that claimants should raise their intent immediately when asked about travel reasons [4] [3]; (C) long‑term legal resolution (being found a “protected person”) — that decision comes later via the IRB hearing process and can take months or years [5] [6].
4. The next steps and required paperwork after the POE declaration
If your claim at a POE is found eligible, you must complete documents such as the Basis of Claim (BOC) and submit it to the IRB within set timeframes — for POE claims that is typically within 45 days of being found eligible — and you will be scheduled for an IRB hearing after referral [7] [8]. The POE process also includes interviews by IRCC to confirm eligibility and possible referrals to the IRB for a hearing [8] [3].
5. How long until a protection decision — wide variation and known backlogs
A critical limitation: a POE declaration secures immediate recognition and documents but does not speed the final protection decision uniformly. IRB hearing scheduling and final decisions vary greatly — some claimants get hearings in months, others wait years; audits and reporting note waits from around 10–12 months historically up to multiple years, and backlogs persist [9] [6] [5]. Advocacy groups and service providers also stress that timelines “fluctuate” and depend on case complexity and system capacity [10] [11].
6. Practical implications and alternative viewpoints
Government guidance focuses on the mechanics: make the claim at the POE, complete required forms, and the RPCD/AOC will be issued so you can access services [1] [2]. Legal aid and community groups warn claimants to get legal advice immediately because POE claims have short windows for completing the BOC and strict procedural rules — failure can lead to abandonment of the claim [7] [12]. Some organizations highlight systemic delays and call for more resources to reduce wait times; government transparency pages provide up‑to‑date stats and processing tools but do not promise short final decision times [13] [14].
7. Bottom line for someone at an Ontario POE
If you declare a refugee claim at a POE in Ontario, officials will process your claim immediately and issue claimant documents (RPCD or AOC) the same day or within five days, which establishes your status as a claimant and lets you access services [1] [2]. However, becoming a permanently “admitted” protected person requires an IRB decision that can take from months to years depending on backlog and case specifics; available sources document both immediate front‑end recognition and long, variable waits for final decisions [1] [5] [6].
Limitations: available sources do not provide a single guaranteed number of hours or days for every POE because issuance can depend on operational capacity at the entry point and individual circumstances (not found in current reporting).